Terms and conditions

P55 MARKETPLACE TERMS AND CONDITIONS

 

INTRODUCTION

 

The commercial company Galeria Torre de Anto, Lda (NIF 503211532), has implemented on its website https://www.p55.art/ , an online marketplace (hereinafter referred to as “P55 Marketplace”) that allows buyers (hereinafter referred to as “Buyers”) and sellers (hereinafter referred to as “Sellers”), jointly referred to as “Parties”, to buy and sell works of art and author pieces (hereinafter “Products”) at a previously defined price (hereinafter “Service”).

Anyone wishing to use this Service must be subject to these P55 Marketplace Terms and Conditions (hereinafter “Terms”) without reservations or conditions, a declaration of intent expressed at the time the Seller places the respective advertisement and the Buyer validates the respective purchase.

Sales made through the Service between Buyers and Sellers are regulated by the P55 Marketplace Terms and Conditions, which must be accepted by the Buyer at the time of each purchase and by the Seller when placing the Products for sale on the P55 Marketplace.

 

I – GENERAL PART

 

Article 1 – Scope and object

These Terms aim to establish, between the parties, the terms and responsibilities underlying the provision of the Service, as well as to provide and define all necessary information to Buyers and Sellers regarding the ordering, sale, payment and delivery methods for purchases made on the P55 Marketplace.

 

Article 2 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

  1. Company: Galeria Torre de Anto, Lda, commercial company with registered office at Rua da Liberdade, No. 14, 3080-168, municipality of Figueira da Foz;

  2. Site: website p55.art which functions as a centralized access point to information available on the Internet;

  3. Seller: the owner of the movable property, with the capacity and legitimacy to promote the sale;

  4. Buyer: individual or legal entity with legal capacity who intends to acquire movable property whose sale is promoted through the p55.art platform;

 

  1. Registration: the process through which any person, whether natural or legal, can register on the website and buy or sell in accordance with the applicable terms and conditions; registration is a prerequisite for participation;

  2. Marketplace P55: platform where buyers and sellers can register to buy and sell products;

  3. Service: set of tools that allows the Parties to register on the P55 Marketplace, contact, order, pay the price of the Products and confirm receipt of the Products.

 

Article 3 – Marketplace Operation

  1. The P55 Marketplace allows Buyers to browse and purchase Products sold by Sellers on the P55 website.

  2. Transactions carried out through the P55 Marketplace are concluded directly between the Buyer and Seller, in compliance with the precepts and other legal requirements in force.

  3. The Company does not assume the position of agent, distributor or representative of the Sellers, nor of reseller of the Products offered by the Sellers through the P55 Marketplace.

  4. The products advertised and sold on the P55 Marketplace are the sole responsibility of the Sellers, namely with regard to their ownership, quality, safety, origin, warranty and compliance with applicable legislation.

 

II – CONDITIONS RELATING TO BUYERS

 

Article 4 - Buyers

  1. The Buyer may only purchase on the P55 Marketplace after accepting these Terms and Conditions and the Privacy Policy without any restrictions or reservations, as well as after registering on the Marketplace.

  2. For this purpose, the Buyer must provide data that allows for their identification.

 

Article 5 - Conclusion of the purchase and sale agreement

  1. The Products are presented on the website with a description that allows the Buyer to know their essential characteristics and price.

  2. The Buyer selects the Product(s) he/she wishes to purchase.

  3. Confirm your choice of Product(s) and acknowledge and accept these Terms by clicking validation.

  4. The Buyer makes payment for the Product(s).

  5. The Buyer receives an email confirming acceptance of their order. However, the purchase and sale agreement between the Buyer and the Seller is subject to the condition of Product availability.

  6. The Seller is informed by the Company that one or more Products that he has offered for sale have been the subject of an order.

  7. The Seller undertakes to confirm and/or inform the availability of the Product(s) ordered by the Buyer within 2 (two) working days from receipt of the information as provided for in paragraph 6 above.

  8. If the same product is ordered by multiple Buyers simultaneously, and depending on the availability of this Product (scarce, unique, or second-hand product), it will be sold to the first Buyer who registers and pays for their order. The order placed by the remaining Buyers will be canceled.

  9. Once the order has been validated or de-confirmed by the Seller, an email is sent to the Buyer to inform them of the shipment or cancellation of the order.

  10. In the event of full or partial confirmation of the order by the Seller, the resolutory condition that forms part of the purchase and sale contract concluded between the Buyer and the Seller is not met, thus the Seller assumes the definitive commitment to send the order within the stipulated period.

  11. In the absence of confirmation of the availability of the Product(s) within the period stipulated in point 7 above, the purchase and sale contract concluded between the Buyer and the Seller is automatically terminated and each party is released from its obligations. Only the contract relating to the sale of the unavailable Product(s) is covered by this termination.

  12. If the availability of all or part of the Products ordered by the Buyer is confirmed, the said Products will be shipped by the Company from the Seller's address.

  13. The Product(s) are shipped by the Company to the address indicated by the Buyer during checkout. Therefore, it is the Buyer's sole responsibility to verify that the information provided is correct and allows the Product to be received.

  14. The Buyer must confirm receipt of the product(s), their conformity and the condition of the product(s).

  15. In the absence of confirmation, the Product is presumed to have been received in good condition within 15 (fifteen) days from the date of its dispatch.

 

Article 6 – Price and payment

  1. The purchase price of the Product is determined by the Seller.

  2. The price is indicated in euros with all taxes and fees included in the description sheet, but excluding delivery costs, which are added before the order is confirmed, unless there is a campaign in force.

  3. Payment for purchases made through the Service is made to the Company, which receives the corresponding amount, in the name and on behalf of the Seller.

 

Article 7 – Right to free resolution

  1. Under current legislation, within the scope of a purchase made from a Seller, the Buyer has a period of 14 (fourteen) days from receipt of the Product(s) ordered to exercise, with the Company, his/her right of free withdrawal without payment of compensation and without needing to indicate the reason.

  2. If the right of free withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased will be refunded. Return costs are borne by the Buyer, except in the case of a campaign in force.

  3. The Product(s) must be returned in their original and complete condition (packaging, accessories, instruction manual, etc.) and packaged in the same way as when shipped.

  4. The Buyer exercises his right of free resolution directly with the Company.

  5. The refund for returned products is made by the Company to the Buyer within the shortest possible period and within 14 (fourteen) days from the date of exercise of the right of free resolution.

 

III – GENERAL TERMS AND CONDITIONS OF THE MARKETPLACE

 

Article 8 – Warranty

  1. The warranty for P55 Marketplace Products is the sole responsibility of the respective Marketplace Sellers.

  2. If the product is returned by the Buyer, the Buyer will not be responsible for shipping costs. If the product is found to be non-compliant, the Seller will reimburse the shipping costs. If the product has been misused, the Buyer will be solely responsible for shipping costs.

 

Article 9 - Liability

  1. The Company is not responsible for the user's defective use of the P55 Marketplace or for any error on their part in the purchasing process, nor for facts attributable to a third party.

  2. The Company is not responsible for losses resulting from failures or deficiencies of the P55 Marketplace or its maintenance operations, as well as for any unpredictable and insurmountable events, beyond its will or control, which prevent it, totally or partially, definitively or temporarily, from fulfilling the obligations arising from the Contract and/or which result from non-compliance, delay or defective performance that are not attributable, by way of intent or gross negligence, to the Company or its representatives, agents, assistants or any other persons it uses to fulfill its obligations.

  3. The Company is not responsible for the content and information made available by Sellers on the P55 Marketplace. Such content and information are the sole responsibility of the Sellers.

  4. The Company is not responsible for sales concluded through the P55 Marketplace, and any complaint regarding the purchase must be forwarded to the Seller, who is responsible for assuming responsibility for the purchase and sale contracts between the Buyer and the Seller.

  5. The user is responsible for their use of the P55 Marketplace, in particular the information they provide when purchasing and the content of the Seller's review.

 

Article 10 – Personal data

  1. The information and personal data relating to Buyers and Sellers are processed by the Company and, unless otherwise stated, are essential to ensure the management of their respective accounts for access to the Service, compliance with the legal obligations incumbent upon them, if applicable, and to improve and personalize the services offered to users of the P55 Marketplace.

  2. The Company will collect and process the personal data of Buyers and Sellers, inserting them into an appropriate database for which it will be responsible.

  3. P55 Marketplace users undertake to provide and maintain accurate and up-to-date personal data. Any personal data relating to the registration form that is found to be incorrect or incomplete constitutes grounds for immediate suspension or termination of the online marketplace's services, as well as for termination of the respective contract.

  4. Within the scope of the obligations established in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, and in Law No. 58/2019 of August 8, regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, it is the responsibility of the Company, as owner of the P55 Marketplace, to provide a set of information regarding the processing of its users' personal data, as well as to ensure the exercise of the rights provided for in that Regulation. In this regard, you can consult HERE our Privacy Policy to learn how we process your personal data, as well as how to exercise your rights and responsibilities.

 

Article 11 – Intellectual Property

  1. All content and information contained in the P55 Marketplace, namely texts, logos, illustrations and images are protected under copyright and related rights as well as intellectual property, for the entire duration of the protection of such rights and throughout the world.

  2. In accordance with this and in accordance with the provisions of the Copyright and Related Rights Code, only private use is authorized, subject to different and possibly more restrictive provisions contained in said Code.

  3. Any reproduction or representation, whether total or partial, of the P55 Marketplace and/or all or part of the elements found on the P55 Marketplace is absolutely prohibited.

 

Article 12 – Partial nullity

If one or more provisions of these terms are considered invalid or declared as such by application of legislation or by final decision of a competent court, the remaining provisions will remain valid and effective.

 

Article 13 – Dispute Resolution

  1. The Company is not a party to the purchase and sale agreement entered into between the Seller and the Buyer.

  2. Disputes shall be resolved directly between Buyer and Seller.

  3. The Company will not assume any responsibility towards the Buyer and the Seller, as it is an external party to the contractual relationship.

 

Article 14 – Applicable law and competent jurisdiction

  1. These terms are subject to Portuguese and European legislation.

  2. Any dispute relating to its interpretation and execution falls within the jurisdiction of the courts of the District of Porto, with express waiver of any other.

 

Article 15 – Electronic Complaint

If you wish to make an electronic complaint, you can do so on the website Livro de Electronic Complaints .

As the platform indicates, although it is not mandatory, the user can contact P55 directly to resolve the issue amicably.